• Regional District of Central Kootenay v. Administrator, Pesticide Control Act

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    Minister of Transportation and Highways; Central Kootenay Highways District, Permit Holders


    Decision Date: July 31, 1990

    Panel: Harry D.C. Hunter, Linda Michaluk, Dr. Max Smart

    The MOTH was issued a permit to spray pesticide on highway right of ways for the control of knapweed. The issuance of the permit was appealed by the Regional District. The Board found that a property owner such as MOTH has an obligation to control the spread of knapweed. Knapweed was found to cause serious environmental and economic damage. No evidence was actually produced at the hearing by the appellant. The Board proceeded on evidence given by a MOTH representative and a representative the third party the Ministry of Agriculture. The Board accepted evidence that there is no effective biological treatment for knapweed and that chemical treatment was necessary. Therefore they upheld the permit but issued amendments ensuring that buffer zones be established for each area to be sprayed and that each area be properly marked with a notice of the time the spraying is to be done.